[R.O. 2012 §230.710; Ord. No. 89-8-10 §1, 8-28-1989]
This Article shall be known and may be cited as the Article
Regulating the Presence and Conduct of Minors on Streets and Public
Places.
[R.O. 2012 §230.720; Ord. No. 89-8-10 §2, 8-28-1989]
For the purposes of this Article, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number the plural number. The word
"shall" is always mandatory and not merely directory.
The City of Excelsior Springs.
Any person over the age of twenty-one (21) who is in loco
parentis to a juvenile.
Any person other than a parent, who has legal guardianship
of a minor.
Any person under the age of eighteen (18) years old.
The natural or adoptive parent of a minor.
Any street, alley, highway, sidewalk, park, playground or
place to which the general public has access and a right to resort
for business, entertainment, or other lawful purpose. A public place
shall include but not be limited to any store, shop, restaurant, tavern,
bowling alley, cafe, theater, drug store, pool room, shopping center
and any other place devoted to amusement or entertainment of the general
public. It shall also include the front or immediate area of the above.
[R.O. 2012 §230.730; Ord. No. 89-8-10 §3, 8-28-1989; Ord. No. 94-9-12 §230.730, 9-26-1994; Ord. No. 15-05-11 §1, 5-18-2015]
It shall be unlawful for any minor to remain, idle, wander,
stroll or play in any public place either on foot or to cruise about
without a set destination in any vehicle in, about or upon any place
in the City after the hour of 10:30 P.M. on Sunday through Thursday
and before 6:00 A.M. of the following morning and after the hour of
12:00 Midnight on Friday and Saturday and before the hour of 6:00
A.M. on the following day. It shall also be unlawful for any minor
subject to compulsory school attendance to be on the streets or sidewalks
or on or in any public property or public place between the hours
of 8:30 A.M. and 1:30 P.M. on Monday, Tuesday, Wednesday, Thursday
or Friday when school is in session for that minor; provided, however,
the provisions of this Section do not apply to a minor accompanied
by a parent, guardian, custodian or any other adult person having
custody or control of such minor or if the minor is on an emergency
errand or specific business or activity directed or permitted by his
parent, guardian or other adult person having the care and custody
of the minor or where the presence of such minor is connected with
or required by some legitimate employment, trade, profession or occupation.
[R.O. 2012 §230.740; Ord. No. 89-8-10 §4, 8-18-1989; Ord. No. 94-9-12 §230.740, 9-26-1994]
It shall be unlawful for any person, firm or corporation operating
or having charge of any public place to knowingly permit or suffer
the presence of minors under the age of eighteen (18) after the hours
of 10:30 P.M. on Sunday through Thursday and before 6:00 A.M. of the
following morning and after the hour of Midnight on Friday and Saturday
and before the hour of 6:00 A.M. on the following day.
[R.O. 2012 §230.750; Ord. No. 89-8-10 §5, 8-28-1989; Ord. No. 94-9-12 §230.750, 9-26-1994; Ord. No. 15-05-11 §1, 5-18-2015]
It shall be unlawful for the parent, guardian or other adult
person having custody or control of any minor under the age of eighteen
(18) to suffer or permit or by inefficient control to allow such person
to be on the streets or sidewalks or on or in any public property
or public place within the City after the hour of 10:30 P.M. on Sunday
through Thursday and before 6:00 A.M. of the following morning and
after the hour of 12:00 Midnight on Friday and Saturday and before
the hour of 6:00 A.M. on the following day. It shall also be unlawful
for the parent, guardian or other adult person having custody or control
of any minor under the age of eighteen (18) subject to compulsory
school attendance to suffer or permit or by inefficient control to
allow such person to be on the streets or sidewalks or on or in any
public property or public place between the hours of 8:30 A.M. and
1:30 P.M. on Monday, Tuesday, Wednesday, Thursday or Friday when school
is in session for that minor; provided, however, the provisions of
this Section do not apply to a minor accompanied by his parent, guardian,
custodian or other adult person having the care, custody or control
of the minor, or if the minor is on an emergency errand or specific
business or activity directed by his parent, guardian, custodian or
other adult having the care and custody of the minor, or if the parent,
guardian or other adult person herein has made a missing person notification
to the Police Department.
[R.O. 2012 §230.760; Ord. No. 89-8-10 §6, 8-28-1989]
Any minor attending a special function or entertainment of any church, school, club, or other organization that requires such minor to be out at a later hour than that called for in Section 230.615 shall be exempt from the provisions of Section 230.615 of this Article provided the church, school, club or other organization shall register in advance with the Chief of Police or his/her designate to have the minors stay out to this later hour. The registrant shall state the time the function or entertainment shall end, and the minors who attend the function shall be required to be in their homes as usual places of abode within one half (½) hour after the function is ended.
[R.O. 2012 §230.770; Ord. No. 89-8-10 §7, 8-28-1989]
A.
Any Police Officer upon finding a minor in violation of Section 230.615 shall ascertain the name and address of such minor and warn the minor that he/she is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode. The Police Officer shall report such action to the Communication Unit of the Police Department who in turn shall notify the parents, guardian, or person having custody or control of such minor.
B.
If
such minor refuses to heed such warning or direction by any Police
Officer or refuses to give such Police Officer his/her correct name
and address, or if the minor has been warned on a previous occasion
that he or she is in violation of curfew, he or she shall be taken
to the Police Department and the parent, guardian or other adult person
having the care and custody of such minor that is sixteen (16) years
of age or younger shall be notified to come and take charge of the
minor. If the parent, guardian or other adult person above cannot
be located or fails to come and take charge of the minor, the minor
shall be released according to instructions from the juvenile authorities.
If the minor is seventeen (17) years of age, the minor is subject
to summons and/or arrest.
[R.O. 2012 §230.960; Ord. No. 03-5-3, 5-19-2003]
A.
A person
commits caretaker neglect if he or she negligently causes or permits:
1.
A person under the age of eight (8) to be left unattended in a motor
vehicle;
2.
A minor child to be placed in a situation that endangers his or her
life or physical or mental health;
3.
A minor child to be cruelly confined or cruelly punished;
4.
A minor child to be deprived of necessary food, clothing, shelter
or care.
B.
The
statutory privilege between patient and physician and between husband
and wife shall not be available for excluding or refusing testimony
in any prosecution for a violation of this Section.
D.
"Minor child" means a person under the age of eighteen (18).
E.
Evidence
that a person left a child seven (7) years of age or younger unattended
in a motor vehicle for more than ten (10) minutes shall be prima facie
evidence of negligence as used herein.
F.
Any
person found guilty of any part of this Section shall be deemed guilty
of an ordinance violation.
